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Conservation Easement Deed 2009-0449354 ,r , .,- ~ DOC # 2009-0449354 11111111111111111111111111111111 11111111111111111111 111111111111111111 RECORDING;REQUESTED BY: CITYOFPOWAY WHEN RECORDED MAIL TO: AUG 11 , 2009 3:33 PM OFFICL~L F:ECORDS O::AN [.i\E(;n rnUHrf F\EI.:.'.IJHDEP,":', OFFIC.E C,,I,\/IC' L. BUTLEF:. [Dum'! RECCiF:C'EF: FEE~,. 0.00 DC 1'1,0, rv /1--p NF;, .. - o e(1'^-' '^ APN: 314"840,09 I Cor' I PROJECT NUMBER: CITY CLERK CITY OF POWAY POBOX 789 POWAY CA 92074-0789 PAGES: 12 11111111111111111111111111111111111111111111111111111111111111111111111111111111 Space Above Line for Recorder's Use Only MDRA 08-08 CONSERVATION EASEMENT DEED No Documentary Transfer Tax Due THIS CONSERVA T10NEASEMENT pEED is made this :2- q day o,f JIJL Y and Kimberly A Okeson "Grantors", in favor of City of Poway ("Grantee"), acting Development Services Department, with reference to the following facts. 2009, by Scott L. by and through its RECITALS A Grantor'is the sole owner in, fee simple of certain.,real property in the City of Po way, County of San Diego, State of California, more particularly described in Exhibit^" and Exhibit B attached hereto and incorporated by this referenCe(the"Property''), B, The Property possesses wildlife and habitat values (collectively, "conservation ,values") of great importance to the Grantee, .the'people of the City of Poway, the people of the State of California, and the people of the United S'tates, . C: The Property provides high quality Coastal Sage..Scrub. .Coastal Sage Scrub is the habitat ofthe California Gnatcatcher.. which is listed as a threatened species'on the Federal Endangered Species list. Conservation of this propertytherefore will preserve habitat of a proiected species, D The City of poway is authorized to hold conservation easements for the preservation of land in its natural, scenic, agricultural, 'historical, forested, or open space condition. The City of Poway has authority to hold easements for these purposes pursuant to California Civil Code'Section 815:3(b). E. The State of California, by and through its Department of Fish and Game (CDFG), has jurisdiction, pursuanlto CDFG Code Section 1802, over the conserv.ation, protection, and m,anagement of fish, wildlife, native plants and the habitat necessary for biologically sustainable populations of those species, F. The United States Fish and Wildlife Services (USFWS) has jurisdiction over the conservation, protecti.on, restoration, enhancement and management .of fish, wildlife and native plants and the h,abitats on which they depend under the Endangered Species ^,ct, 16 U.sC Section 1531 et seq, (ESA), the Fish and,Wildlife,Coordination Act, 16 U,S.C. Sections 661-666cand other applicable laws, G. This Conser\iation Easement provides protection>for 2.3 acres of land. that contains Coastal Sage Scrub habitat located within the City of Poway's Subarea Habitat Conservation Plan/NCCP Focused Planning Area. H. Grantor intends rbconvey to Grantee the right to preserve and protect the conservation values of the Property in perpetuity in accordance with Covenants, Terms, Conditions and Restrictions contained herein. o~-C\.Q':\. Conservation Easement Deed Page 2 I. Grantee:agrees by accepting this,.grant to ho'nor the interitions of Grantor stated herein and to preserveiand to protect in perpetuity the conservation values of the property in accordance with the terms of this Conservation Easement for'the benefit of thisgeneiation and the generations to come. COVENANTS, TERMS, CONDITIONS AND RESTRICTIONS In consideration of the above recitals and the mutual covenants, terms, conditions, and .restrictions contained herein, and pursuant to Califo'rnia law, including Civil Code. Section 815, et seq" Grantor hereby voluntarily deeds 'and conveys to Grantee a conservation easement in perpetuity over the Property of the nature and character and to the extent 'hereinafter set forth ("Easement"). 1, Purpose. The purpose .of this Conservation Easement .is to ensure the Property will be preserved in a natural condition in perpetuity and to prevent any use,of'the Property that will materially impair or interfere with the conservationvalues',ofthe Property. Grantor intends that this Conservation Easement will confine the use of the Property to such activities, including without limitation, those involving the preservation and enhancement of native' species and their habitat in a manner consistent with the habitat conservation purposes of this Conservation Easement. 2. Riqhtsof Grantee. To accomplish the purposes of this Conservation Easement, Grantor hereby grants and conveys the following' rights to Grantee and the State of California Department of Fish and Game as a third party beneficiary of this,easement by this Conservation Easement Deed: (a) To preserve and protect in perpetuity the conservation values of the Property in accordance with this easement; (b) To enter upon the property at reasonable times in order to monitor Grantor's compliance with, and to otherwise 'enforce the terms of, this Conservation Easement, including Grantor's obligation to manage the propertyconsistenLwithGrantor's duties as set forth in Section 4, and for scientific research and interpretive purposes by Grantee or its'designees; and CDFGand its designees, (c) To prevent any activity on or use of the Property that is inconsistent with the purposes of this Conservation Easement and to require the restoration of such areas or features of the Property that may be damaged by any act, failure to act, or any use that is' inconsistent with the purposes of this Conservation Easement; (d) All mineral, air and water rights necessary to protect and sustain the biological resources of the Property; and (e) To enforce by means including, injunctive relief, the terms and conditions of the Easement 3. Prohibited Uses. Any activity on or use of the Property ,inconsistent with the habitat conservation purposes of'this Conservation Easement and not specifically reserved a~:'a right of (3rantor is prohibited. Without limiting the generality of the foregoing, the following uses 'by Grantor, Grantor',s agents, and third parties, a.re: expressly prohibited unless specifically provided for throug.h thePowaySubarea Habitat Conservation Plan/NCCP, (a) Unseasonable watering, use of herbicides, rodenticides, or weed abatement activities, incompatible fire protection activities and any and ail other uses which may adversely affect the purposes of this Conservation Easement; (b) Use.of offcroad vehicles; except vehicles usedJor property maintenance required by the City of Poway, and then only over existing roads; (c) Grazing or surface entry for exploration or extraction of minerals ; Conservation' Easement Deed Page 3 (d) Erection of any building, billboard, or sign,;; Ie) Excavating, dredging or removing of loam, gravel, soil, rock, sand or other material; (I) Otherwise altering the general topography of the Property, including building of roads or changing the grade of the Property; (g) Removing, destroying, or cutting of trees, shrubs, or other vegetation, except as required by law for: (1) firebreaks, (2) maintenance of existing foot trails or roads, or (3) prevention or treatment of disease; (h) Planting of trees or other vegetation except by Written permission from the City of Poway. 4. Grantor's Duties. Grantor shall undertake all reason'able actions to prevent the unlawful entry and trespass by persons whose activities may degrade or harm the conservation values of the Property. In addition, Grantor'shall uridertake all necessary actions to protect Grantee:s rightsurider Section 2 of this Conservation Easement. Grantoffurther covenants that maintenance of the PropertY, to wit clean up of all trash and debris, shall.bethe Grantor's responsibility 5. Reserved Riqhts. Grantor reserves to itself, and to its personal representatives, heirs, successors, and assigns, all rights accruing from its ownership of the Property, including the,right to engage in or.to permit or invite others'to engage in all uses ofthe Property that are consistent with the purposes of this Conservation Easement. 6. Grantee's Remedies, .If-Grantee determines that Grantor is in violation of the terms of this Conservation Easement.or thal;i3.violation is threatened, Grantee shall give written notice to. Grantor of such violation and demand in writing corrective action, sufficient to cure the violation. Grantee shall also notifY the California Department of Fish arid Game, If Grantor fails to cure 'the violation within thirty (30) days after receipt' of said written' notice arid demand from Grantee, or if the cure reason<3bly requires more than thirty (30) days to complete and Grantor fails to begin the cure within the thirty (30) day period or fails. to continue diligently to complete the cure, Grantee may bring an action at law or' in equity in a court of com'petent jurisdiCtion to enforce the terms of this Conservation Easement, to recover any damages to which Grantee may be entitled for violation, by Giimtor'of-theterms of this Conservation Easement, to enjoin.theviolation, ex parte as necessary, by temporary or permanent injunction without,the necessity of proving either actual damages or the inadequacyof,oth'erwise available legal remedies, or for other equitable relief, including, but not limited to, the restoration of the Property to the condition in which it existed prior to any such, violation or injury. Without limiting Grantoc's liability'therefore, Grantee may applY any damages recovered to the cost of undertaking any corrective action on the Property. If Grantee, in, Its sole discretion, determines that circum'stances. require immediate action to prevent or mitigatE?"significantdamage to the conservation values of the, Property, Grantee may pursue its remedies under t~is paragraph without prior notice to Grantor.or without waiting for the period provided for cure to expire. Grantee's rights under this paragraph apply equally to actual or threatened violations of the terms of this Conservation Easement Grantor and Grantee agree that Gran,tee's remedies for any violation of the terms of this Conseryation Easement is the injunctive relief described in this section, both prohibitive and mandatory, in addition to such other relief to which Grantee may be entitled, including specific performance of the terms of"this Conservation Easement in., ea,ch case, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Grantee's remedies described in this section shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity, including but not limited to, the remedies set forth in Civil Code Section 815, et seq, , inclusive. If at any time in the future Grantor or any subsequent transferee uses or threatens to use such lands for purposes inconsistent with this Conservation Easement, notwithstanding Civil Code Section Conservation Easement Deed Page 4 815,7, the California. Attorney' General or third-party 8ntitiesorganized for ,conservation purposes have standing asJnterestedparties in any proceeding affecting this'ConseKtation Easement as against Grantor. The California Department of Fish and Game (CDFG) as a third party beneficiary of this easement shall have the same rights as Grantee under this section to enforce the terms of tlie easement 6,1, Costs .o/Enforcement. Any costs incurred by Grantee or CDFG in enforcing the terms of this Conservation Easement against Grantor, including, but not limited to, costs of suit and attorneys' fees, and any costs of restoration necessitated by Grantor's violation or negligence under the terms of this Conservation Easementshall be borne by Grantor. 6.2, Grantee's Discretion, Enforcement of the terms of this Conservation Easement by Grantee or CDFG shall be at the discretion of Grantee and CDFG, and any forbearance by Grantee or CDFG. to exe'rcise its rights under this ConserVation Easement by Grantor shall not be deemed or construed to be a,waiver by Grantee of such.term or of any subsequent breach of the s-ame or any other term of this Conservation Easement or of any of the Grantee's rights under .this Conservation Easement. No delay or omission by Gra'ntee or CDFG in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a waiver. 6.3. Acts Bevond Grantor's Control. Nothing contained in this Conservation Easement by Grantee.shall be at. the discretionof.Grantee and CDFG to bring any action against Grantor, for any injury or change in the Pro'perty resulting froni causes beyond Grantor's control" including, fire, fiood, storm, and earth movement, or any prudent action'taken by Grantor under emergency conditions to prevent, abate, or mitigate signific'ant injury to the Property resulting from such causes, 6.4, Department ,of Fish and Game Riqht of Enforcement All rights and remedies conveyed to Grantee wider this' Conservation Easement Deed shall'exte'nd to and are enforceable by the Department ofFish and Game or l:JSFWS. 6.5. Fence Installation and Maintenance, Grantor shall install and maintain a fence between the approveddevelopmentareaof the parcel and the Conservation Easement Deed area to protect in perpetuity the conservation values:and function of the Property. The type offencing shall also include posts and signage. The Grantor shall obtain approval by the Grantee's Director of Development Services regarding the specific location, type, and height of the fence and signs prior to their installation. 7. Propertv Manaqement and Maintenance, Grantor and its successors shall niaintain the Property in accordance with the' terms and conditions asset forth herein. 8, Access. This Conservation Easement does not 'convey a general right of access to the public; however, afterreceiving approval from Grantor, not to be unreasonably withheld, access for'scientiiic research and interpretive purposes, shall be reserved to the Grantee and CDFG or to the respective designees of Grantee and CDFG, 9. Costs,and"Uabilities. Grantor retains all responsibilities and shall bear all costs and liabilities of any kindi.nci'u(j,ing transfer 'costs, costs of title and documentation review, and costs related to the ownership, operation, upkeep, and maintenance of the Property. 9.1, Taxes, Grantor shall pay before delinq~ency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Property by competent authority (collectively "taxes"), 'including any taxes imposed upon, or incurred as a result .of, this Conservation Easement, and shall furnish Grantee and CDFG with satisfactory evidence of payment' upon request 9.2. Hold Harmless, Grantor shall hold harmless, indemnify, and defend Grantee and CDFG and its, memi:lers, directors, officers, employees, agents, contractors, and their heirs, and representatives, successors and assigns (collectively "Indemnified Parties") from and against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including without limitation, reasonable attorneys' fees, arising from orin any way connected with: (1 ) injury to or the Conservation Easement'Deed' Page 5 death of any person, or physical carnages to any property resulting 'fiomany act, omission, condition, or other mafter related to or occurring on or about the Property, regardless of cause; (2) the obligations specified in Sections4, 9, and'9.1; and (3) the existence or administrationcof this Conservation Easement 9.3, Condemnation. The purposes ofthe Conservation Easement are presumed to be the best and most necessary public use as defined at Code of Civil Procedure Section 1240,680 notwithstanding Code of Civil Procedure Sections 1240,690 and 1240,700, 10. Assiqnment. This Conservation Easement may not be transferred, assigned, or extinguished without the prior written approval of CDFG. Grantee may, assign its rights and obligations under this Conservation Easement only to an entity or organization authorized to acquire and hold conservation easements, pursuant to Civil Code Section 815,3, Grantee shall require the assignee to record the assignment in the county where the Property is located. 11. Subsequent Transfers. Grantor agrees to incorporate the terms of this Conservation Easement in any deed or other legal instrument by which Gran'tor divests itself of anyinte~est in all, or a portion of the Property, inCluding, without limitation, a leasehold interest. ,Grantor furt~er agrees to give written notice to G'rantee or the,CDFG ofthe intent to transfer any interest at least forty-five. (45) days prior to the date of such transfer. Grantee shall have the right to prevent subsequent transfers in which prospective subsequent claimants or transferees are. not given notice of the covenants, terms, conditions and restrictions of this Conservation Easement. the failure of Grantor or Grantee to perform any actprovided'inthis section shallnoUmpair the validity of this Conservation Easement or limit its enforceability in anyway. Grantor shall not grant additional easements or other interests in the property without the prior wrillen authorization of Grantee and CDFG. 12, Notices, All notices, deman,ds, requests, consents, approvals, or communication.s from one party to another shall bepersonally'delivered or sent by facsimile to ,the persons set forth below or shall be deemed given five (5) days after deposit in the United States mail, certified and postage prep,aid,,return receipt request~d'and addressed as follows, or at such other address 'as any party. may from time to time specify to the other parties in writing: To Grantor: ScottL and KimberlyA Okeson 16344 Woodson View Poway CA 92064 To Grantee: City of Poway P,O. Box 789 Poway CA 92074 With a copy to: Department of.Fish and Game Natural Community Conservation Planning 4949 Viewridge Avenue San Diego, CA 92123 The parties agree to accept facsimile signed .documents and agree to rely upon such documents as if they bore original signatures, Each party agrees to. provide to the other parties, within seventy-two (72) hours afteriransmission of a facsimile, documents,thatbear the original signatures. 13, . Amendment., This Conservation Easement may be amended by Grantor and Grantee only by mutual written agreement approved in writing by CDFG. Any such aniendmentshall be consistent with the p~rposes of this ConserVation Easement and, shall not affect its' perpetual duration, Any such amendment shall be recorded 'in the official records of San Diego County, State of California, Conservation Easement Deed Page 6 14. 'Recordation, Grantor shall promptly rec'ord this 'instrument in the official records of San Diego' c:;ounty, California, and immediately notify the Grantee and CDFG through the mailing of a confirmed copy of the'recorded easement 15, General Provisions, (a) Controllinq, Law. The interpretation and performance of this Conservation Easement shall be governed by the Jaws of the State of California, (b) Liberal Construction. Any general rule of construction to the contrary notwithstanding,. this Cons(ilrvation '.Easement shall be liberally construed in favor of the deed to effect the purposes onhis Conservation Easerne~tand the policy and purpose of Civil Code Section 815, et seq. If any provision in this instrument isiounsi to be ambiguous, an interpretation consistent with ,the purposes of this Conservation Easement that woulp render the provision valid shall be favored over any interpretation that would render it invalid. (c) Severabilitv. If' a court of competent jurisdiction voids or invalidates on its' face, any provision of this Conservation Easement Deed, such action shall not affect the remainder of this Conservation Easement Deed, If a court of competent jurisdiction voids of'invalidates the applicaticinof any provision of this Conservation Easemeril' Deed to a person or circumstance, such action shall.noLaffect the application of the provision to other persons or circumstances. (d) Entire Aqreement. This instrument sets forth the entire agreement of the parties with respect to the Conservatio~ Easement and supersedes all ,prior discussions, negotiations, understandings; or'agreements relating \0 the Conservation Easement, all of which are merged herein. No alteration or vanation of this instrument shall be valid or binding unless contained in an amendment in accordance with Secti.on 13. (e) No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title in'any respect (I) Successors. The covenants, terms, conditions, and restrictions ofthis Conservation Easement Deed shall be binding 'upon, ,and inure to the benefit of, the: parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a, servitude running in perpetuity with the Property. These covenants hereunder benefiting Grantee shall also benefitCDFG. (g) Termination of RiQhts and Obliqations, A party's rights and obligations under this Conservation Easement shall terminate only upon transfer of the party's interest in the, Conservation Easement or Property, except that iiability for acts or omissions .occurring prior to transfer shall survive transfer. (h) of reference and are interpretation. Captions. The captions in this instrument have, been inserted,solely'for convenience not a part of this instrument and shall have no effect upon its construction or (I) Counterparts. The parties may execute this instrument in two'or more counterparts, which shall, in the'. agg'regate,be signed by Grantor and Grantee; each counterpart shall be deemed an original instrument as 'against any party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. U) Modification: This Easement is not subject to modification or amendment except in writing and signed by Grantor, Grantee and CDFG or their permitted successors or assigns. (k) herein by reference. Exhibits, All Exhibits referred to in this Easement are attached and incorporated Conservation Eas'ement Deed Page 7 (I)' Appropriations. The duty of the City of Poway and. CDFG to carry out their respective'bbligations Liriderthis Easement shallbesubjectto the availability of appropriate funds, (m) Effective Date. This Easement shall be effective upon. recording with the San Diego County Recorder's Office. IN WITNESS THEREOF, Grantor and Grantee have entered into this Conservation Easement the day and yearfirst above written. GRANTOR: .ltl(J~ Ann K, Okeson By: BY~AL CI ~ I(-O-/( 1'l*.Okeson Kimberly A. Approved as to Form: Office of the City Attorney By: uQ~ Foster, City Attorney M:\plan ning\jason\MDRAs\08~98, Okeson BCE:docxc CALIFORNIA All"PIURPOSE ACKNOWLEDGMENT ~~~~~~~""'-~~~ffii4-,.=-~-=~~~~~BtY~G;( County of San Diego On )/{LY 2 if, zttJ; before me, Phyllis Shinn. Notary Public personally ap~:~red So If [ () KCS 0/11 } State of California I.~ '" ~'COfMllHlon.PHYUI. .~.H :~"-.~'. .l ", ~ Public 'Cf:IIIfOmta' I ., '.8!lft!DlegCl".CoUnty- ,- - - ~- _.~,fiJ who proved to me on'the basis of satisfactory evidence to be the person(s) whose name(s) )(,/are subscribed to the within instrument' and acknowledged to me that I:t&s)(e/theyexecuied the same in~~theirauthorized capacity'(ies), and that by I)iS/h'!iritheirsignatureMonJhe instrument the person(s), or the entity upon Dehalf of which the person(s) acted, executed the instrument. I certify under PEI\JALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct Place Notary Seal Above Signature OPTIONAL Though the 'information below is not required by law, it may prove valuable to persons relying on the document and could prevent frau~ulent removal and reattachment. of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: o Individual o Corporate Officer - Title(s): o Partner,- 0 Limited 0 General o Attorney in Fact o Trustee o Guardial1 or Conservator o Other: . Top of thumb here Signer's Name: o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: Top of thumb here Signer Is Representing: Signer Is,Representing: ~~~~~~~~~~~"""",-~~~~~~~'Sfj9'~="fO."~o~~,;~;-~~.~";,~.~,fli;."~<j,~.~;=~~..._~~ @2007 National Notary Association. 9350 De Solo Ave" P.O. Box 2402. Ch3tsworth, CA 91313.2402. www.NationaINolary,org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 Conservation Easement Deed PageS CERTIFICATE OF ACCEPTANCE This is to ceo rtify that:the interes~eal propert~ conveyed by the Conservation Easement Deed by Scott L and Kimberly A. Okeson,.dated, UIL/1C}.1.O')CJ "to the City of Poway, Grantee, and to the California Department of Fishimd ,Game, as a third party beneficiary, a governmental agency (under Government Code Section 27281); is hereby accepted by the undersigned officer on behalf of.the City of Poway, pursuant to authority conferred by Resolution No. 34 of the City olpoway on January 20, 1981, GRANTEE: City of PoWay ~ , e: L' a A. Troyan, MMC, Citv Clerk Authorized Representative Date: .F/7/R9 EXHIBIT"A" BIOLOGICAL CONSERVATION EASEMENT LEGAL DESCRIPTION ALL THOSE PORTIONS OF LOT 9 OF CITY OF PQWAY TRACT 89-09, IN THE CITY QF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14091, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DECEMBER 5, 2000, DESCRIBED AS FOLLOWS: PARCEL 1 BEGINNING AT A POINT ONTHE EASTERLY LINE '017 SAID LOT 9 DISTANT THEREON SOUTH 1W47'00" WEST 11.62 FEET FROM THE NORTHEAST CORNER THEREOF; THENCE ALONG SAID EASTERLY LINE SOUTH 18047'00" WEST 146.87 FEET; THENCE SOUTH 49005'00" WEST 121.00 FEET; THENCE SOUTH 24:01'00" WEST 8.68 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 23042'00" WEST 73.89 FEET; THENCE NOR;rH 46052'01" EAST 74.61 FEET; THENCE NORifH 60032'05" EAST 37.51 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS' OF 64,00 FEET; THENCE NORTHEASTERLY AND NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 66038'00" A DISTANCE OF 74.43 FEET; THENCE ON A NON-TANGENT BEARING NORTH 630'13'48" EAST 59.03 FEET TO THE POINT OF BEGINNING. PARCEL 2 BEGINNING AT A POINT ON THE ~ORTHWESTERL Y LINE OF SAID LOT 9 DISTANT THEREON SOUTH 32056'00" WEST 7.58 FEET FROM THE NORJHWES;r CORNER THEREOF; THENCE ALONG SAID NORTH- WESTERLY LINE SOUTH 32026'00" WEST 289.18 FEET; THENCE LEAVING SAID NORl:HWESTERLv LINE NORTH 41023'23" EAST 105.16 FEET; THENCE NORTH 4-7"42'09" EAST 45.77 FEET; THENCE NORTH 52043'45" EAST 54,33 FEET; THENCE NORTH 79'21'20" EAST 44.25 FEET; THENCE NORTH 89"12'57" EAST 3147 FEET; THENCE SOUTH 65"34'33" EAST 41.66 FEET; THENCE SOUTH 45013'41" EAST 41.44 FEET; THENCE NORTH 55006'30" EAST 86.35 FEET; THENCE SOUTH 84000'23" WEST 36.24 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 90.00 FEET; THENCE WESTERLY AND NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45042'35" A DISTANCE OF 71.80 FEET; THENCE NGRTH 50.017'02" VVEST 36.68 FEET; TREN8E NORTH 55045'09" WEST 86.35 FEET TO THE POINT OF BEGINNING, PARCEl 3 BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 9; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 9 NORTH 32056'00" EAST 431.54 FEET, THENCE LEAVING SAID NORTHWESTERLY LINE SOUTH 6021'33" EAST 92:27 FEET; THENCE SOUTH 44014'51" EAST 20.79 FEET; THENCE SOUTH 4T27'29" EAST 21.39 FEET; THENCE SOUTH 54025'48" EAST 13.63 FEET; THENCE SOUTH 62012'41" EAST 42.51 FEET; THENCE SOUTH 70018'31" EAST 22.91 FEET TO A POINT OF INTERSECTION WITH THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF THE WESTERLY MOST OPEN SPACE EASEMENT LYING WITHIN SAID LOT 9 AS DEDICATED PER SAID MAP NO: 14091; THENCE ALONG SAID NORTHERLY PROLONGATION AND SAID EASTERLY LINE SOUTH 10025'00" WEST 215.67 FEET TO THE SOUTHERLY LINE OF SAID LOT 9; THENCE ALONG SAID SOUTHERLY LINE NORTH 88047'34" WEST 306.44 FEET TO THE POINT OF BEGINNING. PARCEL 4 BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID LOT 9 DISTANT THEREON NORTH 24.001'00" EAST 173.66 FEET FROM THE SOUTHEAST CORNER THEREOF, SAID POINT BEING ON THE SOUTHERLY LINE OF THE EASTERLY MOST OPEN SPACE EASEMENT LYING WITHIN SAID LOT 9 AS DEDICATED PER SAID MAP NO. 14091; THENCE LEAVING SAID EASTERLY LINE ALONG SAID SOUTHERLY LINE SOUTH 84043'00" WEST 139.48 FEET; THENCE ALONG THE WESTERLY LINE OF SAID OPEN SPACE EASEMENT AND THE NORTHERLY PROLONGATION THEREOF NORTH 10'25'00" EAST 64.18 FEET; THENCE SOUTH 83048'19" EAST 23.60 FEET; THENCE NORTH 82059'42" EAST 70.11 FEET; THENCE NORTH 74'33:19" EAST 70,17 FEET TO THE EASTERLY LINE OF SAID LOT 9; THENCE ALONG SAID EASTERLY LINE SOUTH'24001 '00" WEST 82.07 FEET TO THE POINT OF BEGINNING. \\ LINE L1 L2 U L4- L5 L6 L7 L8 L9 L10 L11' L12 L13 m...................... ..........",...... .................. ..........."...". ........."...... "........",...... ................ ................... ........"...... ................. ................. / P.O,s. PCL. 3 BEARING DISTANCE S55'06'30"W 86.35' N45}3'41"W 41.4.4' N65'34:33"W .41.66' S89'12'57"W 31.47" S7e:z1'20"W 44.25' S52'43'45"W 54,33' N55'45'09"W 86.35' S50'l7"02"E 36.68' N84'OO'23"E 36.Z4' N23'42'00"W 73.89' S6'Zl '33"E 92.27' S44'14'51"E 20.79' N47'27"29"W 21.39' LEGEND 1!,,(Q)'ii' ~ @ ~ 12~1-10 ~ \\~ Nci. 64il1 * k' )l( \ ~,! 'v '-1~ "7 ~~ Gi\'0~ EXHIBIT "B" ~iiB,"B~:,ii~ttt~\j("~~O _"~~3~.~ ~::.% (,J ,,\;:..:...:..::..)( p<:i .:...... '^ 7"" PARCEL 2 (~<(7"\v"1v~ ::.i:::%<O ~.:i0':i ,.y7 PARCEL 1 Iii...... ii...:. i......:........:~<:,<!,~ j::':::::::::::':::",<:;j <:,<:' tZ~ LOT 9 'b~fL2r~b<\'I>' PAGE 1 OF 1 J POWA Y TRACT 89-9 MAP NO. 14091 ~ "'. ;> I..'l.B .l.v ..........1::, Ii .<::5 ,~ ,a '^ c,;?,/'i] ~ '~S3C: ",----P,O,B. PCL. 4 & ~' "- ~ G EASEMENTS @ OPEN SPACE EASEMENT DEDICATED PER MAP NO. 14091 @ EASEMENT IN FAVOR OF SOG&E FOR PUBLIC UTILITIES REC. 2/4/2003 AS DOC. NO. Z003-0130466 O.R. - @ EASEMENT IN FAVOR OF COXCOM, INC. FOR TELECOMMUNICA nONS REC. 12/22/2003 AS DOC. NO. 2003-1496376 O.R. (NOT PLOTT ABLE) LINE Cl C2 1!,,(Q)'ii' @ LINE BEARING DISTANCE L14 S41'Z3'23"W 105.16' L15 S47'42'09"W 45.77' L16 N46'52'01 "E 74.61' L17 N60'32'05"E 37.51' L18 S63'13'48"W 59.03' L19 N32'56'00"[ 7,58' L20 N18'47"00"E 11.62' L21 NZ4'01'00"E 8.68' L22 S54'25' 48"E 13.63' L23 N62'l2'41"W 42.51' L24 S70'18'31 "E 22.91' L25 Nl0'25'00"E 215.67" L26 S83'48'19"E 23.60' L27 N82'59'42"E 70.11' L28 N74'33'19"E 70.17' L29 N84'43'OO"E 139<48' UO Nl0'25'00"E 64.18' DELTA RADIUS ARC 45'42'35" 90.00' 71.80' 66'38'00" 64.00' 74<43' BIOLOGICAL CONSERVATION EASEMENT BIOLOGICAL CONSERVA nON " EASEMENT DESCRIBED 0,0:; HEREON. ,,"5 ,l.v(:,_ ,& 'I~, ,,J!p ~ "'" j 4 (-,:<' PARCEL 4 i"Qr I ^ \ "7 ) ~:.:,.,,:,,<'ic<"r....,'S L2 (;. \,:.::':.:::::.::.: :':ii:: f.e A:~ "Bt .. ..~ '2 ....... I iiiii(::: .... "'j..i.:i.:...:.~ :i<:7:::::.:i:; :::.::.:::.::::.::.::.::.::::: :"'ie'.:::; ::.:.::.::.::.' ..................:::...:.:..::::::....:....:..:<j :':::.:.':':':.':' "_,'. ::;. ." '.'. r""'-j S88'47'34"E 421.37' Sv\) li\N D So, ~s ",,\)\\J. SP/1<: &""", -1..p-S .:s :;0 APN 314-840-09 1"=100' 1 SPEAR & ASSOCIATES, INC. ~ JOB NO. SCALE 07-163 6/Z/09 CIVIL ENGINEERING AND LAND SURVEYING DATE DWG NO. 475 PRODUCTION S1REET, SAN MARCOS. CA 92078 07-163ES DRN. TEP CK. RJS (760) 736-2040 FAX (760) 736-4866